the deputy. a site the deputy contributes to. >> we will ask him, what the hell were you thinking? this is a 13-year-old boy. >> reporter:ut the deputy's attorney says he feared for his life. >> it is a tragic situation. he feels the same way. he feels very emotional for the loss of this young man's life, but at the same time he was faced with what he believed was a very real threat. >> we want justice and also we wantn honest investigation. >> reporter: andy's parents say tir family has been destroyed, but they won't rest until they get justice for their son. >> they'll never get over this. they never will. they have three other children. that's no solice.

>> reporter: he has called the federal lawsuit premature. just into our news room, this morgan hill woman is behind bars tonight accused of being drunk on the job at a day care and at 7:00 in the morning. she is anna marie lopez. she's been booked in the santa clara county jail on child endangerment charges. police are investigating a w clue in the disappearance of a brazilian man here in the bay area. he hasn't been heard from since last monday night when he called his sister saying he was in

trouble and someone was trying to hurt him. san francisco police say they have just received this surveillance video from the family. that was taken at the mcdonald's in the mission. the man in the photo just used the victim's credit card. >> we're still trying to confirm if that's him or not. the image is grainy. we have to make sure we can positively id him. >> the family says it is unusual for him to not keep in touch. a san francisco judge began deciding whether a career criminal accused of killing a long-time federal investigator should proceed to trial. today relatives o convicted felony randy testified at his pretrial hearing that he is the girl's father. prosecutors claim she killed coke at an oakland hotel and dumped her body. the pretrial hearing is expected

to last several days. we have new details tonight about the shooting rampage at l.a.x. we know the primary weapon was legally purchased at a southern california gun store. paul ciancia could have fired the rifle without even removing it from a bag in which it was carried. a high school teacher who was shot has been upgraded to good condition. some are asking whether tsa agents should be armed. security at the nation's airport will be reviewed. >> the responsibility for protecting airport security is not a tsa function, but it's something we need to examine given what happened in los angeles. >> the suspect paul ciancia was shot four times by police. he remains hospitalized this evening. it's a small election but

could have a big impact. voters of sunnyvale will head to the polls to decide on a gun control measure. >> reporter: they'll be watching the outcome for two reasons. first of all, several other cities throughout the nation are considering similar legislation. they want to see what voters do tomorrow. but also the nra is already threatening to sue if the measure happens. when 26 people died in newtown, connecticut, the mayor knew he had to try to do something to curve gun violence. >> innocent children go down. accidental killing goes down by young adults. >> reporter: more than 1,000 people signed a petition agreeing with the mayor.

if approved, it will prohibit magazines that hold more than 10 rounds. it require firearms to be locked up when not in use. it will require registration for ammo purchases, which sellers must keep on file for two years. one sunnyvale resident said measure c goes too far. >> i think it's a violation of the second amendment. number two, defensive weapon is no use if it is locked in a safe. >> reporter: in an interview with nbc bay area, he said measure c would strip rights from law-abiding gun owners. >> if laws are to be effective, they need to be statewide. >> reporter: sunnyvale's mayor

says he's not afraid of a fight. >> nra just wants to bully and push their weight around. i come from the south bronx. i can push back too. >> reporter: he's not too concerned about the cost of fighting this in the court. several lawyers are come forward offering to take this case pro bono. police are searching for a man they say raped someone early halloween morning in san francisco. edwin, he is believed to have a large cut on his forehead and scratches on his face. investigators say the victim managed to hit the suspect in the forehead with a beer bottle. if you have any information on his whereabouts, you're asked to call police. the most dangerous intersection in san francisco has claimed another victim.

a driver hit and killed a man in a wheelchair at market and octav octavia. the victim described as a man in his 20s was taken to a nearby hospital where he died. the driver is cooperating with officers. out of most recents numbers, since 2009, more accidents happened at that intersection than any other intersection in the city. a big tug boat that's been living at the bottom of the oakland estuary for nearly a decade is being pulled from the murky waters as we speak. it is happening in the city of hall in alameda. this is all part of a plan to clean up an environmental mess. >> reporter: that tug boat has been nicknamed captain al. there it is. when i got here, it was

underwater, but with the help of these huge cranes and the low tide, it is now to the surface. bringing it to the surface was not easy. if you care anything about the environment, you know it was all worth it. it's taken two months of coordination and a lot of preparation to get to this. >> we found automobiles. all sorts of unknown types of piece offense equipment, marine debris, abandoned docks. >> reporter: and 102-foot tug boat named captain al. >> we know it was sunk between seven and nine years ago. it's 100-foot. there wasn't a lot of marine information on it. >> reporter: a 150-foot boat called the respect is also under the water nearby. we obtained the footage of its sinking after copper thieves

were seen abandoning ship. it's taken $5 million worth of grants to clean up this environmental mess, but this is only the tip of the iceberg. there are more problems that come with all of this. >> fish feed on things that grow or live in the sediment, they also grab metals that have eroded off of these boats. >> reporter: if you fish in these waters, that food could end up on your table. it is used by thousands of boats each year. cleanup will take a lot of years and a lot of money. crews will out here for a while tonight. you see that small boat out there in front of captain al? well, boats like that are out there right now. i'm told there are 20 such boats right there in the water.

it will take weeks before they can bring them all up. up next, is anybody out there? the out of the world announcement nasa made in the south bay. they soon could be sharing at&t parts with tk with the sano giants. the airport might finally be taking off. good afternoon. after a downright cold start this morning, an awesome afternoon. we'll talk about a cold morning for tomorrow and rain returning in that seven-day. when those drops arrive in just a few minutes.

airline passengers who fly

out of san jose international airport will tell you flights are packed. they're adding service from the south bay. damian. >> reporter: we're talking about revenues. that's what the staff here at the airport has been doing for the last few years. it seems the airport's largest carrier got the message. southwest airlines already has the most flights of any carrier at the san jose international airport with 12 different destinations. now the airline is adding ten more flights to its schedule beginning next year. >> southwest is telling us their passenger bookings are incredibly strong.

>> reporter: they want to lure my airlines and flights to the silicon valley. it appears to be changing after nine straight months of ridership growth. >> it is much closer to my house. it is convenient and much quieter. >> reporter: it means more revenue for the airport and the city. >> they'll be staying in local hotels. eating at local restaurants. this equates to more job creation for both here at the airport and locally in our region too. >> reporter: it equates to more money to keep libraries open and hire more cops. 330 days of sunshine every year. a luxury for travelers who don't like those extended weather

delays. because of those 330 clear days in san jose, the airport prides itself in having one of the best on time rates in the nation. everyone is crossing their fingers. from san jose to san francisco, this week twitter is expected to go public with its stock. mayor ed lee showed off with the company has already done with the city. the city lured twitter with the payroll tax break. since then, about 13 companies have followed suit following twitter. economic forecasts say twitter stock offering could make the company worth $13 billion. the mayor is hoping the prosperity will trickle down. >> it means more jobs, investor

confidence, support for all levels of business. >> the city says there's more to come. 40 development projects are in the pipeline. the team will stay in oakland for now. all this comes after published reports that said the a's and the giants could be sharing the park in san francisco. we intend to extend our lease in oakland and look forward to another great season. the chronicle reports the mlb may step in if they can't reach a short-term lease agreement. the a's could play next season at at&t park. the idea would be to give the team a place to play while the a's will figure out if they're going to move to san jose or move to another area. a south bay dog park has been shut down.

police say they found several shards of glass in the mulch. they have closed the park immediately. crews will remove all of the glass. the dog park should be reopened by thursday. it's a sign of the times. a north bay school district is installing security cameras at its elementary and middle schools. cameras will not be inside the classrooms or bathrooms. they will be featured on the outside of the buildings. installation is expected to cost more than $120,000. our universe might be more friendly to life than we first realize realized. scientists have announced they have discovered more than 800 new planets.

ten of them are close to earth. those are just the ones they have observed. they believe there are many more out there. >> that's all we know about these planets. we don't know if they have atmospheres or liquid water. future missions and future scientists will answer this question. i think they'll look back at it as an important milestone. >> it kicks off the science conference going on all week at nasa, which brings together 400 scientists from around the world. let's check in with our m e meteorologist. is it time to clean out our rain gutter? >> it would be a good thing to do. it was all about the cold this morning. down to 31 in napa. yes, more cold weather.

we also want to take a look at that storm track. we do think that storm pattern is going to break and give us rainfall. i'll have more on that in a minute and a half. it's going to be clear here for the most part on tuesday and cold for the interior valleys. upper 30s and lower 40s at 5:00 a.m. we'll have sunny skies at 11:00 a.m. let's take you outside right now. we call it radiational cooling. we'll have the maximum amount happening as any kind of heat as able to escape in the upper atmosphe atmosphere. we'll take you off to the north. look at the sunset tonight. several hundred miles out, we're looking clear here off the

coast. our new sunset with the time change coming at 5:07 in the evening. we think we'll at least have 35 in napa. santa rosa at 38. east bay, warmer, but chilly. low to mid 40s for the south bay. you may need the heaters on. watch out if you're using a space heater. make sure it is away from the curtains and you're doing that safely. we'll have the sunshine in here. most of this will be impacted by the same air mass. we'll get a slight breeze off the bay. that'll keep us from getting too hot. slightly warmer, but not by much. 60s from san francisco to the immediate coastline. 74 in napa and 73 in sonoma.

a storm off to the north. monday of next week will be our next possibility of rainfall. we're pushing way ahead, but we need that rainfall. we're about 32 to 50% of what we need for the bay area. once again, some rain there by late sunday and also into monday. not a big storm system. if we get a -- coming up, star fish dying at an alarming rate. the strange phenomenon nthat is making them disappear. the latest on an nfl bullying scandal that has prompted one bay area star to leave the team.

we're following a developing story. we often hear of kids getting bully, but can it happen to a pro football player? jonathan martin says he received death threats from incognito. >> we had do not draft because of character. >> the nfl is trying to determine if other players were involved. yoga isn't always gentle. it has a harsh side. a new york times science writer

claims that more emergency rooms are reporting yoga injuries. women are more flexible, but they run the risk of damaging hip joints. it is vital to pay attention to pain and back off if something begins to hurt. something is killing off star fish along the west coast. this is the lone survivor at the discovery center in santa cruz. the rest died from suspected bacteria. the rocks were covered this large star fish. but fall, those rocks were bare. it makes their legs fall off and causes their bodies to d

disintegrate. scientists want the public to post online photos of abnormal star fish so they can examine them. the link is on nbcbayarea.com. the red sox shave off the beards for a good cause. that's next.

if you think the holidays are creeping up on you, you are not imagining things. sears and k-mart have announced

they will open on thanksgiving at 6:00 a.m. macy's announced it would open the stores on thanksgiving night. those beards are coming off the world series champions. the boston red sox seen here. they had their beards shaved off to benefit victims of the boston marathon bombings. they won their third world series in the last ten years. >> it looks so much better. it was such a distraction during the world series.

>> brian wilson never shaved that. >> thanks for joining us. >> good night. what happened that set off a gunman at l.a.x.? tonight, what we have learned about the suspect, the victims and the moment of crisis at the airport. final hours. in a pair of closely watched elections for governor, both could have big implications on the next race for the white house. the scandal surrounding a legendary nfl franchise. allegations of bullying so bad that a big man has gone public with with a big story. and caught on camera. jumping for their lives. two planeloads full of people survive a mid-air collision that could have killed them all. they made it out safely by jumping out. "nightly news" begins now. good evening.